Terms and Condition of Trade for Coast Gas Ltd.
1. DEFINITIONS
1.1 “Coast Gas Ltd.” shall mean Coast Gas Ltd., or any agents or employees thereof.
1.2 “Customer” shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing products and services from Coast Gas Ltd..
1.3 “Products” shall mean:
1.3.1 all Products of the general description specified on the front of this agreement and supplied by Coast Gas Ltd. to the Customer; and
1.3.2 all Products supplied by Coast Gas Ltd. to the Customer; and
1.3.3 all inventory of the Customer that is supplied by Coast Gas Ltd.; and
1.3.4 all Products supplied by Coast Gas Ltd. and further identified in any invoice issued by Coast Gas Ltd. to the Customer, which invoices are deemed to be incorporated into and form part of this agreement; and
1.3.5 all Products that are marked as having been supplied by Coast Gas Ltd. or that are stored by the Customer in a manner that enables them to be identified as having been supplied by Coast Gas Ltd.; and
1.3.6 all of the Customer’s present and after- acquired Products that Coast Gas Ltd. has performed work on or to or in which goods or materials supplied or financed by Coast Gas Ltd. have been attached or incorporated.
1.3.7 The above descriptions may overlap but each is independent of and does not limit the others.
1.4 “Products and Services” shall mean all products, services, goods, and advice provided by Coast Gas Ltd. to the Customer and shall include without limitation all gas services and the supply of associated products and all charges for labour, hire charges, insurance charges, or any fee or charge associated with the supply of Products and Services by Coast Gas Ltd. to the Customer.
1.5 “Price” shall mean the cost of the Products and Services as agreed between Coast Gas Ltd and the Customer and includes all disbursements e.g. charges Coast Gas Ltd. pay to others on the Customer’s behalf subject to clause 4 of this contract.
2. ACCEPTANCE
2.1 Any instructions received by Coast Gas Ltd. from the Customer for the supply of Products and Services shall constitute a binding contract and acceptance of the terms and conditions contained herein.
3. COLLECTION AND USE OF INFORMATION
3.1 The Customer authorises Coast Gas Ltd. to collect, retain and use any information about the Customer, for the purpose of assessing the Customer’s credit worthiness, enforcing any rights under this contract, or marketing any Products and Services provided by Coast Gas Ltd. to any other party.
3.2 The Customer authorises Coast Gas Ltd. to disclose any information obtained to any person for the purposes set out in clause 3.1.
3.3 Where the Customer is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 2020.
3.4 Coast Gas Ltd. will comply with all requirements under the Privacy Act 2020.
4. PRICE
4.1 Where no price is stated in writing or agreed to orally the Products and Services shall be deemed to be sold at the current amount as such Products and Services are sold by Coast Gas Ltd. at the time of the contract.
4.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the Products and Services that is beyond the control of Coast Gas Ltd between the date of the contract and delivery of The Products and Services.
5. PAYMENT
5.1 Payment for Products and Services shall be made in full on or before the due date noted on the invoice (“the due date”).
5.2 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.
5.3 Any expenses, disbursements and legal costs incurred by Coast Gas Ltd. in the enforcement of any rights contained in this contract shall be paid by the Customer, including solicitor’s fees or debt collection agency fees.
5.4 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
5.5 A deposit may be required.
6. QUOTATION
6.1 Where a quotation is given by Coast Gas Ltd. for Products and Services:
6.1.1 Unless otherwise agreed the quotation shall be valid for thirty (30) days from the date of issue; and
6.1.2 The quotation shall be exclusive of goods and services tax unless specifically stated to the contrary.
6.1.3 Coast Gas Ltd. reserve the right to alter the quotation because of circumstances beyond its control.
6.2 Where Products and Services are required in addition to the quotation the Customer agrees to pay for the additional cost of such Products and Services.
7. AGENCY
7.1 The Customer authorises Coast Gas Ltd. to contract either as principal or agent for the provision of Products and Services that are the matter of this contract.
7.2 Where Coast Gas Ltd. enters into a contract of the type referred to in clause 7.1 it shall be read with, and form part of this agreement and the Customer agrees to pay any amounts due under that contract.
8. TITLE AND SECURITY (PERSONAL PROPERTY SECURITIES ACT 1999)
8.1 Title in any Products and Services supplied by Coast Gas Ltd. passes to the Customer only when the Customer has made payment in full for all Products and Services provided by Coast Gas Ltd. and of all other sums due to Coast Gas Ltd. by the Customer on any account whatsoever. Until all sums due to Coast Gas Ltd. by the Customer have been paid in full, Coast Gas Ltd. has a security interest in all Products and Services.
8.2 If the Products and Services are attached, fixed, or incorporated into any property of theCustomer, by way of any manufacturing or assembly process by the Customer or any third party, title in the Products and Services shall remain with Coast Gas Ltd. until the Customer has made payment for all Products and Services, and where those Products and Services are mixed with other property so as to be part of or a constituent of any new Products and Services, title to these new Products and Services shall deemed to be assigned to Coast Gas Ltd. as security for the full satisfaction by the Customer of the full amount owing between Coast Gas Ltd. and Customer.
8.3 The Customer gives irrevocable authority to Coast Gas Ltd. to enter any premises occupied by The Customer or on which Products and Services are situated at any reasonable time after default by the Customer or before default if Coast Gas Ltd. believes a default is likely and to remove and repossess any Products and Services and any other property to which Products and Services are attached or in which Products and Services are incorporated. Coast Gas Ltd. shall not be liable for any costs, damages, expenses, or losses incurred by the Customer or any third party as a result of this action, nor liable in contract or in tort or otherwise in any way whatsoever unless by statute such liability cannot be excluded. Coast Gas Ltd. may either resell any repossessed Products and Services and credit the Customer’s account with the net proceeds of sale (after deduction of all repossession, storage, selling and other costs) or may retain any repossessed Products and Services and credit the Customer’s account with the invoice value thereof less such sum as Coast Gas Ltd. reasonably determines on account of wear and tear, depreciation, obsolescence, loss or profit and costs.
8.4 Where Products and Services are retained by Coast Gas Ltd. pursuant to clause 8.3 the Customer waives the right to receive notice under s.120 of the Personal Property Securities Act.
8.5 1999 (‘PPSA’) and to object under s.121 of the PPSA
8.5 The following shall constitute defaults by the Customer:
8.5.1 Non-payment of any sum by the due date.
8.5.2 The Customer intimates that it will not pay any sum by the due date.
8.5.3 Any Products and Services are seized by any other creditor of the Customer or any other creditor intimates that it intends to seize Products and Service.
8.5.4 Any Products and Services In the possession of the Customer are materially damaged while any sum due from the Customer to Coast Gas Ltd remains unpaid.
8.5.5 The Customer is bankrupted or put into liquidation, or a receiver is appointed to any of the Customer’s assets or a landlord distains against any of the Customer’s assets.
8.5.6 Court judgment is entered against the Customer and remains unsatisfied for seven (7) days.
8.5.7 Any material adverse change in the financial position of the Customer.
8.6 If the Credit Repossession Act applies to any transaction between the Customer and Coast Gas Ltd., the Customer has the rights provided in that Act despite anything contained in these terms and conditions of trade.
9. SECURITY INTEREST FOR SERVICE PROVIDERS
9.1 The Customer gives Coast Gas Ltd. a security interest in all of the Customer’s present and after-acquired property that Coast Gas Ltd. has performed services on or to or in which goods or materials supplied or financed by Coast Gas Ltd. have been attached or incorporated.
10. GENERAL LIEN
10.1 The Customer agrees that Coast Gas Ltd. may exercise a general lien against any Products and Services or property belonging to the Customer that is in the possession of Coast Gas Ltd. for all sums outstanding under this contract and any other contract to which the Customer and Coast Gas Ltd are parties.
10.2 If the lien is not satisfied within seven (7) days of the due date Coast Gas Ltd. may, having given notice of the lien at its option either.
10.2.1 Remove such Products and Services and store them in such a place and in such a manner as Coast Gas Ltd. shall think fit and proper and at the risk and expense of the Customer or
10.2.2 Sell such Products and Services, or part thereof upon such terms as it shall think fit and apply the proceeds in or towards discharge of the lien and costs of sale without being liable to any person for damage caused.
11. DISPUTES
11.1 No claim relating to Products and Services will be considered unless made in writing within seven (7) days of service.
12. LIABILITY
12.1 The Consumer Guarantees Act 1993, the FairTrading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Coast Gas Ltd. which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Coast Gas Ltd., Coast Gas Ltd.’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
12.2 Except as otherwise provided by clause 12.1 Coast Gas Ltd. shall not be liable for:
12.2.1 Any loss or damage of any kind whatsoever, arising from the supply of Products and Services by Coast Gas Ltd. to the Customer, including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort(including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Products and Services provided by Coast Gas Ltd. to The Customer; and
12.2.2 The Customer shall indemnify Coast Gas Ltd against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Coast Gas Ltd. or otherwise, brought by any person in connection with any matter, act, omission, or error by Coast Gas Ltd. its agents or employees in connection with the Products and Services.
12.3 If, contrary to the disclaimer of liability contained in these terms and conditions of trade, Coast Gas Ltd. is deemed to be liable to the Customer, following and arising from the supply of Services by it to the Customer, then it is agreed between Coast Gas Ltd. and the Customer that such liability is limited in its aggregate to $500.00.
13. WARRANTY
13.1 Manufacturer’s warranty applies where applicable.
14. CONSUMERGUARANTEES ACT
14.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where The Customer acquires Products and Services from Coast Gas Ltd. for the purposes of a business in terms of section 2 and 43 of that Act.
15. PERSONAL GUARANTEE OF COMPANY DIRECTORS OR TRUSTEES
15.1 If the Customer is a company or trust, the director(s) or trustee(s) signing this contract, in consideration for Coast Gas Ltd. agreeing to supply Products and Services and grant credit to the Customer at their request, also sign this contract in their personal capacity and jointly and severally personally undertake as principal debtors to Coast Gas Ltd. the payment of any and all monies now or hereafter owed by the Customer to Coast Gas Ltd. and indemnify Coast Gas Ltd. against nonpayment by the Customer. Any personal liability of a signatory hereto shall not exclude the Customer in any way whatsoever from the liabilities and obligations contained in this contract. The signatories and Customer shall be jointly and severally liable under the terms and conditions of this contract and for payment of all sums due hereunder.
16. MISCELLANEOUS
16.1 Coast Gas Ltd. shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
16.2 Failure by Coast Gas Ltd. to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations Coast Gas Ltd. has under this contract.
16.3 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
16.4 The Construction Contracts Act 2002 applies where applicable.
17. RATES
17.1 Standard gas work is charged at $140 + GST per hour, in fifteen minute increments after the first hour.
17.2 A minimum charge of $220 + GST applies. This comprises one hour of labour and travel. Travel is included within the minimum and is not charged in addition to it.
17.3 Travel is charged at $40 + GST within the local area and $80 + GST outside it.
17.4 Where parts must be collected during a job, or a return visit is required, a fee of $40 + GST applies. The travel charge covers attendance at and departure from the job only.
17.5 Consumables are charged at $20 + GST.
17.6 After hours work and work on public holidays is charged at a call-out fee of $300 + GST.
17.7 The hourly rate for after hours work and work on public holidays is $250 + GST per hour, charged in addition to the call-out fee. The first hour is included in this rate.
17.8 Certificates: Gas Safety and Compliance Certificate $150 + GST. LPG work ordinarily requires both a Gas Safety Certificate and a Certificate of Compliance, which are issued together. Labour and GST are not included in certificate pricing.
17.9 Self-containment inspection: $90 including GST in the local area. $105 + GST for Botany, Howick and Pakuranga.
17.10 Design and consultation is charged at $250 + GST, of which $115 is credited against the job when the work is booked.
17.11 Quotations are not provided in writing for work valued under $1,000.
17.12 Parts and materials are charged in addition to labour.
18. HEALTH AND SAFETY
18.1 Coast Gas Ltd. will be responsible for their own safety and health. Coast Gas Ltd. must comply with the Health and Safety at Work Act 2015, any regulations made under the Act, and any health and safety policies, directives, or procedures of the business.
Terms and Conditions Specifically for Ship Repair and Marine Services
1. Custody and Care of Vessels and Equipment.
While a vessel is in our custody for repairs or servicing, we will exercise all reasonable care and diligence to protect it from loss or damage. Our responsibility begins when the vessel is officially checked in and ends when it is checked out by the owner or an authorized representative.
2. Limitation of Liability.
Our liability for any damage to the vessel, its engines, machinery, equipment, or fittings while in our care is limited to the extent of our Ship Repairers' insurance policy. This policy covers damage directly arising from our negligence. We are not liable for any pre-existing damage, wear and tear, or latent defects.
3. Customer's Responsibility for Belongings.
The vessel owner is solely responsible for removing all personal belongings, valuables, and effects from the vessel before it is left in our care. We accept no responsibility for the loss of or damage to any such items. This includes, but is not limited to, electronic devices, navigation equipment not permanently installed, personal safety gear, clothing, and other private property.
4. Subcontractors and Agents.
We reserve the right to engage subcontractors to carry out any part of the repair work on the vessel. In such cases, these subcontractors will be covered under our insurance policy for the duration of the work.
5. Exclusion of Liability for Certain Risks.
Our liability does not extend to loss or damage caused by:
Fire, theft, or vandalism, unless directly caused by our proven negligence.
Acts of God, including but not limited to storms, floods, and natural disasters.
Pre-existing conditions, defects, or weaknesses in the vessel or its equipment.
Failure of equipment not worked on by us.
Accidents or damage occurring outside of our premises, including while the vessel is in transit, unless our negligence is proven to be the direct cause.
6. Customer Warranties.
The vessel owner warrants that the vessel is seaworthy and free of dangerous defects or conditions that could pose a risk to our employees or property. The owner must disclose any known issues or hazards with the vessel, including but not limited to any flammable materials, hazardous waste, or structural weaknesses.